EMERGENCY IMPOSED IN PAKISTAN

Rebel_X · November 5, 2007, 11:24pm

Re: EMERGENCY IMPOSED IN PAKISTAN

dekhain ji kissi ki phat gayee ho gi...cheezain...
aap fikarmand na hon,
unhain mocchi kay paas lay ja chukay hon haye log

sTaLkEr · November 6, 2007, 3:50am

Re: EMERGENCY IMPOSED IN PAKISTAN

Musharraf can still undo the damage by ending emergency, going into exile under immunity from the Supreme Court [for the judge firing] and reinstating the removed judges. But heck, the kursi is wayyyyyyyy too addictive!

smooth_guy · November 6, 2007, 6:31am

Re: EMERGENCY IMPOSED IN PAKISTAN

^ Musharraf can't goto exile if emergency is lifted before he flees from country. As soon as constitution is restored, he will be arrested for treason and can see gallows in 6 months time. His only way out is to leave the country to meet Brown or Bush or for a by-pass surgury etc and then Kiyani cancels emergency as CMLA and bring SC back on bench.

Now reality is, that Uncle SAM needs him in the power, no matter what. Their agenda is not over. So they will oppose all his cheapest actions, but will pat him at the back behind the curtain. The SC ruined many of US's interests in the country. This was the only way out. Mush could murder or detained all the judges, but SAM would have been in very difficult situation to support him, even slightly. So this action was neccessary, and all the threats from President house were not jokes, but Mush couldn't take it anymore. Specially suspending constituation after the verdict against him, would have been disaster for him. People would have taken to the streets, something that has not happened since MRD or (ISI ill-scripted COP in 1990).

divine-light · November 6, 2007, 12:00pm

Re: EMERGENCY IMPOSED IN PAKISTAN

of truth..in the bunch of hypocrites like BB and Mulla Diesel....

divine-light · November 6, 2007, 12:21pm

Re: EMERGENCY IMPOSED IN PAKISTAN

Fatima...article 6 says..suspension of Const. is treason and death sentence....do you know ..whats the meaning of suspension the most sacred document of the state....who the hell..this Dictator..is to suspend ..the const...who has given him powers.....he was exposedv in Misiing People case for sending them to GITMO..plus the 11 judges were reday to kick his dual offices....in fear ..he issued PCO to dismiss all the great judges...MEGA LANAT on him...

the CJ of that time...justified his Martial Law..it was very unfortunate....

divine-light · November 6, 2007, 12:42pm

Re: EMERGENCY IMPOSED IN PAKISTAN

USRESIDENT:

But unfortunately, he holds both Offices. NS was a prime minister. President reserves the right to declare emergency. The PCO is the set of rules to be followed while the constitution is suspended. Tell me if the constitution has been suspended then what set of rules is to be followed. This is what the PCO is constituted for.233. Power to suspend Fundamental Rights, etc., during emergency period. (1) Nothing contained in Articles 15, 16, 17, 18, 19, and 24 shall, while a proclamation of Emergency is in force, restrict the power of the State as defined in Article 7 to make any law or to take any executive action which it would, but for the provisions in the said Articles, be competent to make or to take, but any law so made shall to the extent of the incompetency, cease to have effect, and shall be deemed to have been repealed, at the time when the Proclamation is revoked or has ceased to be in force. What this IMO is saying is that once the emergency is revoked or expired the PCO becomes ineffective otherwise the executive can formulate extra-ordinary laws to meet the emergency situation.What I do agree with is that the President cannot dismiss any judge of the Supreme court with requiring an SJC inquiry into it even if the consitution has been suspended.209 Supreme Judicial Council. (1) There shall be a Supreme Judicial Council of Pakistan, in this Chapter referred to as the Council. (2) The Council shall consist of, (a) the Chief Justice of Pakistan; (b) the two next most senior Judges of the Supreme Court; and (c) the two most senior Chief Justices of High Courts. Explanation:- For the purpose of this clause, the inter se seniority of the Chief Justices of the High Courts shall be determined with reference to their dates of appointment as Chief Justice [231] [otherwise than as acting Chief Justice], and in case the dates of such appointment are the same, with reference to their dates of appointment as Judges of any of the High Courts.(3) If at any time the Council is inquiring into the capacity or conduct of a Judge who is a member of the Council, or a member of the Council is absent or is unable to act due to illness or any other cause, then (a) if such member is a Judge of the Supreme Court, the Judge of the Supreme Court who is next in seniority below the Judges referred to in paragraph (b) of clause (2), and (b) if such member is the Chief Justice of a High Court; the Chief Justice of another High Court who is next in seniority amongst the Chief Justices of the remaining High Courts, shall act as a member of the Council in his place. (4) If, upon any matter inquired into by the Council, there is a difference of opinion amongst its members, the opinion of the majority shall prevail, and the report of the Council to the President shall be expressed in terms of the view of the majority. (5) If, on information [231A] [from any source, the Council or] the President is of the opinion that a Judge of the Supreme Court or of a High Court, (a) may be incapable of properly performing the duties of his office by reason of physical or mental incapacity; or (b) may have been guilty of misconduct, the President shall direct the Council to [231B] , or the Council may, on its own motion,] inquire into the matter. (6) If, after inquiring into the matter, the Council reports to the President that it is of the opinion, (a) that the Judge is incapable of performing the duties of his office or has been guilty of misconduct, and (b) that he should be removed from office, the President may remove the Judge from office. (7) A Judge of the Supreme Court or of a High Court shall not be removed from office except as provided by this Article. (8) The Council shall issue a code of conduct to be observed by Judges of the Supreme Court and of the High Courts. All in all, whne he did move to the SJC it was thrown out without even looking into the content on assumption of malafide intentions. So a persons innocence depends on the accusers intentions by their verdict. This was the biggest joke in the history of justice perhaps.I am not saying what is happening is all kosher but what solution do we have out of this. If a democratic leader decides to vaporize insurgency then its fine but if a President of military stature says the same its wrong. This makes me think our people really have no sense of right or wrong but their preception of right or wrong depends on their liking for a person or authority. When this is how people of our country perceive justice then they should be ready to persevere for the injustice their perception breeds as well. They lean against the law when they do not like someone but are willing to bend and twist or overrun laws when it is to their liking because they have political support for someone.

.sir ...why the const. is supended...it CANNOT be suspended in any case ..in any case !!!!!when emergency is declared under intense condition by the President..only 7 or 8 articles of Const. are suspended...not the whole Const....and President ..the head ..the PM..the executive head ..CANNOT even suspend the Const....the whole Const is suspended by only CAOS ..its sentence is death.....not less than that !!!PCO is just shameless illegal way of Const..when Const CANNOT be suspended...then where comes the question of PCO ....its just the sick mind inspiration of issuing PCO..judges are loyal to Const...not PCOs....

USResident · November 6, 2007, 3:26pm

Re: EMERGENCY IMPOSED IN PAKISTAN

After reading Artilce 6 - related to high treason, I would agree that it cannot be suspended by COAS or any citizen under force. Looks like he has really dug himself a trap, one that will be difficult to escape once the constitution is restored and the first case comes in to challenge his act of suspending the constitution. However if we read it closely:

**6.**High treason.
(1)Any person who abrogates or attempts or conspires to abrogate, subverts or attempts or conspires to subvert the Constitution by use of force or show of force or by other unconstitutional means shall be guilty of high treason. (2)Any person aiding or abetting the acts mentioned in clause (1) shall likewise be guilty of high treason. (3)[5]](http://www.pakistani.org/pakistan/constitution/part1.notes.html#5) [Majlis-e-Shoora (Parliament)] shall by law provide for the punishment of persons found guilty of high treason.

The language is still open to interpretation. He did not abrogate it, which means to make it permanently ineffective. And subvert would mean to undermine its principles, which again falls under emergency needs. So the definition of Abrogate and Subvert is open to interpretation and circumstances. Superficially, you can immediately say he is guilty of treason but don’t forget the fact that officially the terminology they have used is Suspended, which is not in the constituional clause of high treason. So to pass any judgement, it needs to be correlated by courts and their interpretation and circumstances of how close this suspension is to abrogation or subversion. Its not a black and white thing.

It would appear to be a very high risk manouver or a very dumb way to outflank that he has taken. Emergency situations are never covered in black and white in any documented procedures not matter it be the constitution of a country or that of a non-profit organization. Its always open to interpretation and dependent on circumstances.